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HomeMy WebLinkAboutRes No 2396PLANNING COMMISSION RESOLUTION NO.2396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO AN APPROVED PRECISE PLAN OF DESIGN AND PARKING ADJUSTMENT TO ALLOW A DRIVE-THRU SPECIALTY COFFEE OUTLET ADJACENT TO COOK STREET, PAD #4, 37-825 COOK STREET. CASE NO. PP 03-11 AMENDMENT #1 WHEREAS, the City Council by its Resolution No. 04-26 did on April 8, 2004 approve Case No. PP 03-11, subject to conditions; and WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 2nd day of May, 2006, hold a duly noticed public hearing which was continued to May 16, 2006, to consider the above noted request; and WHEREAS, a drive-thru restaurant was considered on this site as part of the CEQA review of the original PP 03-11 project for which a Negative Declaration of Environmental Impact was certified; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify recommending approval of said request: 1. The proposed precise plan amendment will comply with each of the applicable provisions of this title, except for a parking adjustment permitted through Municipal Code Section 25.58.360. 2. The proposed location of the drive-thru restaurant and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed precise plan amendment complies with the goals, objectives, and policies of the City's General Plan and all alternatives considered in the General Plan Update. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. PLANNING COMMISSION RESOLUTION NO.2396 2. That the Planning Commission does hereby recommend to City Council approval of Case No. PP 03-11 Amendment #1, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of May, 2006, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE JA► K. LOPE , . irperson ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 2396 CONDITIONS OF APPROVAL CASE NO. PP 03-11 AMENDMENT #1 Department of Community Development: 1. That the conditions of approval imposed by City Council Resolution No. 04-26 shall continue in full force and effect except that a drive-thru specialty coffee outlet shall be permitted on Pad #4 and that the required parking ratio for the commercial portion of the project shall be established at 4.98 parking spaces per 1,000 square feet. //